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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Trusts, Estates and Protective Proceedings
Chapter : ADULT ADOPTION

14-8101 Adult adoption; agreement; consent ofspouse; court procedure; petition
A. Any adult person may adopt another adult person who is a stepchild, niece,
nephew, cousin or grandchild of the adopting person, by an agreement of adoption approved
by a decree of adoption of the court in the county in which either the person adopting or
the person adopted resides. A foster parent may adopt an adult who was placed in his
care when the adult was a juvenile if the foster parent has maintained a continuous
familial relationship with that person for five or more years.
B. The agreement of adoption shall be in writing, shall be executed by the person
adopting the person to be adopted and shall state that the parties agree to assume toward
each other the legal relation of parent and child and to have all of the rights and to be
subject to all of the duties and responsibilities of that relation.
C. A married person who is not legally separated from his or her spouse cannot
adopt an adult person without the consent of the spouse of the adopting person if the
spouse is capable of giving the consent. A married person who is not legally separated
from his or her spouse cannot be adopted without the consent of the spouse of the person
to be adopted if the spouse is capable of giving that consent. Neither the consent of
the natural parent or parents of the person to be adopted, of the division nor of any
other person is required.
D. The adopting person and the person to be adopted may file in the court in the
county in which either resides a petition for a decree of adoption. The court shall
assign the case to a division of the superior court that shall fix a time and place for a
hearing on the petition. Both the person adopting and the person to be adopted shall
appear at the hearing in person. An attorney may appear on behalf of a person who is
not able to appear if the attorney has that person's written authorization. The court
may require notice of the time and place of the hearing to be served on any other
interested persons. Any interested person may appear and object to the proposed
adoption. Before the hearing, a person designated by the court shall submit a written
report concerning information that person gathers by observation or investigation
regarding the welfare, competency and best interests of the parties and the public. The
court in its discretion may require additional investigation if it finds that the welfare
of the proposed adoptee will be served or if additional information is necessary to make
an appropriate decision regarding the adoption.
E. At the hearing the court shall examine the parties or the attorney of any party
who is not present. If the court determines that the adoption will be for the best
interests of the parties and in the public interest, the court shall approve the
agreement of adoption and make a decree of adoption declaring that the person adopted is
the child of the adopting person. If the court determines that the adoption is not in
the best interests of the parties and the public interest, the court shall deny the
petition for adoption.
F. The petition for adoption shall state:
1. The length and nature of the relationship between the person seeking to adopt
and the proposed adoptee.
2. The degree of kinship, if any.
3. The reason the adoption is sought, together with a statement as to why the
adoption would be in the best interests of the person seeking to adopt, the proposed
adoptee and the public.
4. The names and addresses of any living parents or adult children of the proposed
adoptee.
5. Whether the person seeking to adopt or his or her spouse has previously adopted
any other adult person and, if so, the name of the person with the date and place of the
adoption.
G. In determining whether or not the adoption of any person is in the public
interest or the best interests of the persons seeking the adoption, the court may
consider evidence without regard to the rules of evidence.

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